The rules and regulations differ significantly between provisional licence holders (P1, P2, and Learners) and full licence holders, as well as the type of suspension (i.e., the reason for the suspension). Therefore, it is crucial to obtain legal advice to ensure you have the correct information to make an informed decision.
Navigating a Licence suspension can be a challenging experience, particularly for provisional licence holders who rely on their ability to drive for work, education, or family commitments. In New South Wales, the rules surrounding provisional licences are strict, and understanding the implications of a suspension is crucial for navigating this situation effectively.
A successful appeal can result in the removal or reduction of the suspension period. The court considers factors like your traffic record, character, need for a license, and the circumstances of the offence.
Why Can a Provisional Licence Be Suspended?
Provisional licences, whether P1, P2 or a Learner, are subject to stringent conditions under the Road Transport (Driver Licensing) Regulation 2017. A suspension can occur for several reasons, including:
Accumulation of Demerit Points
Provisional licence holders have lower thresholds for demerit points compared to unrestricted licence holders. For example, incurring four or more demerit points can lead to suspension.
Just one speeding offence can mean automatic suspension for P1 drivers — it’s usually worth 4 points!
In NSW, provisional drivers have strict limits on demerit points:
- Learner (L): Max of 4 points
- P1 (Red Ps): Max of 4 points
- P2 (Green Ps): Max of 7 points
If you go over the limit, you’ll get a 3-month suspension or your licence won’t be renewed.
Traffic Offences
Convictions for offences such as speeding, drink driving, or using a mobile phone while driving can result in immediate suspension.
Failure to Comply with Licence Conditions
Breaching specific conditions attached to provisional licences, such as passenger restrictions or curfews, may lead to suspension.
Payment of Penalties
Paying a penalty notice for certain offences can trigger an automatic suspension under the regulations.
Immediate Suspensions by Police
The police can suspend your licence on the spot if you:
- have a serious accident causing death or grievous bodily harm
- speed in excess of 45km/h over the speed limit (full licence holders)
- speed in excess of 30km/h over the speed limit (learner or provisional licence holders)
- drive with a prescribed concentration of alcohol (PCA) or under the influence of alcohol (DUI) or drugs
- take part in street racing and other hoon offences
- drive without supervision (learner licence holders).
If the police suspend your licence on the spot, you will not be able to drive away. Someone else will need to pick up your vehicle.
The police can decide not to suspend your licence immediately. They can choose to suspend it later, as long as it is within 48 hours of you being charged or receiving a penalty notice.
If you are charged with an offence, the immediate suspension will remain in place until your case is heard by a court. The court will take into account the time you have already spent on suspension.
What Happens When Your Licence Is Suspended?
When a provisional licence is suspended, the Transport NSW or the police will issue a notice specifying the suspension period. This period can range from three months to longer durations, depending on the severity of the offence or the number of demerit points incurred.
During the suspension period, you are prohibited from driving any motor vehicle. Driving while suspended is a serious offence and can lead to further penalties, including fines, extended suspension periods, or even disqualification from holding a licence.
Steps for Appealing a Licence Suspension – Demerit Points
If you believe that your licence suspension is unjust or you are a fit and proper person to hold a licence, you may appeal the decision of Transport NSW to the Local Court.
The appeal must be lodged within 28 days of receiving the suspension notice. You can do this through your solicitor, filing in person at the Local Court or online.
What Happens After the Suspension?
- The demerit points that caused the suspension are cleared.
- But points stay on your record for 3 years (for future tracking).
- If you get caught driving while suspended, it’s a criminal offence — you could face fines, a longer ban, or even jail.
Extra Penalties
If you get caught speeding by 30 km/h or more, it can:
- Add an extra 6 months before you can move to the next licence stage
- Delay your progression to a full licence
Licence suspension as a provisional licence holder can have significant consequences, but understanding the rules and exploring available options can help you manage the situation effectively. It is critical to get legal advice and contact us to ensure that you have the right information to make the right decision.
Provisional drivers in NSW are on a tight leash when it comes to driving offences. Just one mistake — especially speeding — can lead to suspension. Always drive safely, stick to your licence conditions, and if you do face a suspension, know your rights and options.